Investigation Initiated Over Alleged Pressure on Judge Tuleya Ruling
Recent steps have been taken against Judges Piotr Schab and Przemysław Radzik in connection with the actions surrounding Judge Igor Tuleya’s ruling from three years ago, according to Deputy Justice Minister Maria Ejchart. During an appearance on TVN24, Ejchart explained that the case concerns the period when Schab served as president and Radzik as vice-president of the District Court in Warsaw, the court where Tuleya worked.
Her point was straightforward: the aim is to ensure that judgments are not influenced by rulings from the Court of Justice of the European Union. In her view, those EU rulings should not be bypassed or treated as a pretext for decisions made under other authorities.
The Public Prosecution Service has confirmed that proceedings have begun in this matter. It is notable that the investigation was initiated within a department created by the ruling party to identify independent judges and prosecutors. As the case unfolds, new decisions are being issued, and the process is under close scrutiny.
Ejchart described the development as a healthy step, noting that it is appropriate to have such procedures reviewed and explained. She asserted that it is the court’s job to determine whether any crime occurred, but stressed that transparency in these investigations is essential and serves the public interest.
State Secretary’s Remarks
Ejchart described the initiation of the procedure as a positive development. While the court must determine the facts of any alleged crime, she emphasized the importance of clear explanations behind ongoing investigations.
Information about the start of the investigation was reported by oko.press, which stated that the inquiry began on February 21 this year within the Internal Affairs Department of the National Public Prosecutor’s Office. The probe examines alleged abuse of power by the president and vice-president of the Warsaw court in the period from November 2020 to July 2021, specifically regarding the decision to deny Judge Tuleya the opportunity to rule on certain matters.
The Tuleya Case
Judge Igor Tuleya of the Warsaw District Court was relieved of duty after his immunity was revoked by the former Supreme Court Disciplinary Chamber in November 2020. In July 2021 Tuleya filed a request for a retrial, citing a judgment from the Court of Justice of the European Union that highlighted inconsistencies in Poland’s system of disciplinary liability for judges with EU law. Radzik did not grant Tuleya’s retrial request, and Tuleya did not return to work.
Following this, Tuleya submitted a notice to the Public Prosecution Service about the possibility that Schab and Radzik may have exceeded their powers as senior court officials. Warsaw investigators initially refused to open an investigation. Tuleya’s representative, Michał Romanowski, appealed the decision, and the District Court in Białystok later ordered that the conduct of proceedings be pursued, overturning the prior refusal in November 2022.
The Białystok court determined that the prosecutor had prematurely concluded no excess of powers occurred and that additional evidence was still needed. It also suggested examining whether there was a persistent and malicious violation of the employee’s rights. Tuleya returned to work at the Warsaw District Court at the end of November 2022.
The topic has been discussed by various outlets, with coverage highlighting the interplay between Polish judicial administration and EU legal standards. The evolving case touches on constitutional norms, judicial independence, and the balance between national procedures and European judgments.
Public commentary on the case has focused on how Deputy Minister Ejchart frames the proceedings and what that signals for judicial norms in a democratic system. The evolving narrative raises questions about governance, accountability, and how different branches of government interact when high-stakes rulings involve the highest levels of the judiciary.
The ongoing question remains how the investigations will unfold and what implications may arise for the Warsaw District Court, its leadership, and the broader Polish judiciary as it aligns with EU law and international standards.
– This account reflects reporting and commentary around the case and its developments as they emerged in Polish media outlets and legal press in early 2024.